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Landlord made me liable for a bill without consent - then debt collectors

Bewilderment
Bewilderment Posts: 13 Forumite
Sixth Anniversary First Post Combo Breaker
edited 2 December 2014 pm31 2:30PM in House buying, renting & selling
Hi,

I hope someone can offer some help!

I have lived in a flat for three years in which the heating/gas bill has always been included in the rent. Nothing about it was in the contract but that was always the arrangement. Earlier this year, the landlord said that he wanted me to start paying for heating, which I agreed to, understanding that he wanted me to pay him for my heating usage. I expected that when he received his gas bill he would bill me for the usage.

The other day I received a letter and penalty charge from a debt collection agency claiming the occupant(s) owed a bill to British Gas which had not been paid. After a very confusing few days of complete bafflement, I now understand that after that conversation, my landlord transferred the flat's British Gas account, including both the heating bill and monthly standing boiler fees, from his name into the name of "Occupant". He did not tell me he had done this nor seek my permission to charge me any additional fees beyond the heating. The bill comes to £250 including the debt collector's fee (which was the first I heard of any of this).

Needless to say, I am outraged and cannot afford to pay the bill (nor do I see why I should pay anything beyond the heating usage I agreed to).

Can anyone please advise what my legal position is or suggest how I should approach my landlord? So far the only contact I have had with him is via text in which he confirmed that this is what he did. Will I have to pay this? Is his transfer of the bill responsibility to me legal? I am surprised he was even able to do this and wonder how he did it without my consent, even though they are addressing the bills to "Occupants" and not my name. I am an inexperienced tenant and non-confrontational so unsure how to approach the situation.

Thank you for any help.
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Comments

  • Generali
    Generali Posts: 36,411 Forumite
    10,000 Posts Combo Breaker
    1. What's in the contract?
    2. Can you prove your agreement?
  • Bewilderment
    Bewilderment Posts: 13 Forumite
    Sixth Anniversary First Post Combo Breaker
    edited 2 December 2014 am31 3:55AM
    Hi, thank you for the reply.

    There is nothing in the contract about gas. It is a generic contract which has no specifics about any bills. It's easy to prove that the gas was included initially as the British Gas bill was in the landlord's name until July and I hadn't been making any payments outside of my rent. I don't have any way to prove the conversation in which I agreed to pay for my gas usage and can't prove that he transferred the bill over without telling me, but I had been waiting for a follow-up from the landlord after that brief conversation - I was expecting something on paper to confirm it, such as an update to the contract or a bill from him - but I just got a letter from a debt collector! Can he just make that kind of change, which is quite a substantial alteration to the rent terms, without putting anything in writing (or telling me?!). He said in his text that he "already let me know I was going to be responsible for the bills" so it looks like he is going to claim he did this legitimately. It would really help me to know where I stand.
  • Speak to your landlord
    The boiler cover is his responsibility
    As for the gas that's yours
    Did you not get a bill prior to the charge letter?
    This needs pointing out
    BG should be able to set up monthly payments for you but don't just accept debt that's your landlords
  • When did you have the discussion (in which you agreed to become responsible) and do the outstanding bills begin from this time? If so then I would have thought you'd be liable for the outstanding amount as far as usage and standing charges go (but not boiler care/cover).

    If he changed the name to "occupant" surely the bills from that point should have been sent to the property address rather than his address - did you receive any? If not then contact British Gas and explain that since this is the first bill you've actually received and you intend to cooperate fully you won't be paying any debt collection charges.

    If you can't afford to settle the bill in full now then tell them you want a payment plan. And tell them that your landlord is still responsiblefor the boiler care :)
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Important point, u said debt collectors 'penalty', what's the exact wording.
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Were the bills posted to your address? What happened to them?
    Changing the world, one sarcastic comment at a time.
  • Bewilderment
    Bewilderment Posts: 13 Forumite
    Sixth Anniversary First Post Combo Breaker
    edited 2 December 2014 am31 10:41AM
    Hi, thanks for the replies!

    British Gas bills always arrived at the property throughout the whole time I was living there. The BG account was the landlord's, so the tenants always put these to one side for him if he wanted them (he never picked them up). Since he didn't tell me of any change to that arrangement they remained there, which was why the first I knew of a bill was a visit from a debt collector (fortunately I wasn't in, because I would have been absolutely baffled).

    I'm not sure if the additional monthly charge - which is £25 per month - is boiler cover. Whenever the boiler broke down the landlord always hired very cheap dodgy plumbers and made a huge fuss about the repair cost, so I don't think he was paying BG for any cover. Are there any other monthly fees associated with a boiler? Or could BG have added this when he changed the bill over in error?

    Yes, the change happened after I agreed to pay for my gas usage in June/July and I am fine with paying for that, though BG's usage estimate is way higher than my actual usage and I've never dealt with BG before so I'm not sure why it's incorrect/how to dispute that. My actual usage is tiny (I only use heating in winter - none used during bill period - and have an electric shower) so I don't think I should owe them more than £20-£30. Most of the bill is the unknown monthly fee and debt collection fee.

    Are BG likely to be understanding when I explain this situation? They did send bills - I just had no idea they were intended for me until I was being charged for debt collection. I also don't know why I am being charged most of the money on the bill. I'm still puzzled as to why they would change the bill over to someone else's liability without the permission of that person. Surely it's not possible to just call and transfer your bill liability to someone else because you feel like it?

    Thank you all again for the help!

    Edit: The wording on the debt collection agency letters is "there is an outstanding bill owed and you must contact us urgently or we may visit and charge you" on the first letter and "we visited and the visit fee is £54" on the second letter. These letters both arrived on Saturday and I received no prior warning or contact from them.
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Do you have a meter?

    Any of the bills that were addressed to "The occupier" you should open and pay the bill.
    Changing the world, one sarcastic comment at a time.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Hi, thanks for the replies!

    British Gas bills always arrived at the property throughout the whole time I was living there. The BG account was the landlord's, so the tenants always put these to one side for him if he wanted them (he never picked them up). Since he didn't tell me of any change to that arrangement they remained there, which was why the first I knew of a bill was a visit from a debt collector (fortunately I wasn't in, because I would have been absolutely baffled).

    I'm not sure if the additional monthly charge - which is £25 per month - is boiler cover. Whenever the boiler broke down the landlord always hired very cheap dodgy plumbers and made a huge fuss about the repair cost, so I don't think he was paying BG for any cover. Are there any other monthly fees associated with a boiler? Or could BG have added this when he changed the bill over in error?

    Yes, the change happened after I agreed to pay for my gas usage in June/July and I am fine with paying for that, though BG's usage estimate is way higher than my actual usage and I've never dealt with BG before so I'm not sure why it's incorrect/how to dispute that. My actual usage is tiny (I only use heating in winter - none used during bill period - and have an electric shower) so I don't think I should owe them more than £20-£30. Most of the bill is the unknown monthly fee and debt collection fee.

    Are BG likely to be understanding when I explain this situation? They did send bills - I just had no idea they were intended for me until I was being charged for debt collection. I also don't know why I am being charged most of the money on the bill. I'm still puzzled as to why they would change the bill over to someone else's liability without the permission of that person. Surely it's not possible to just call and transfer your bill liability to someone else because you feel like it?

    Thank you all again for the help!

    Edit: The wording on the debt collection agency letters is "there is an outstanding bill owed and you must contact us urgently or we may visit and charge you" on the first letter and "we visited and the visit fee is £54" on the second letter. These letters both arrived on Saturday and I received no prior warning or contact from them.

    Oh i love debt collectors.

    Phone them up and ask them if they are the owners of the debt, or merely representatives.

    Then advise them that you have no contract with them, and their visit fees are illegal.

    Finally advise them that all correspondance must be in writing, provide an email address.

    Debt collectors are powerless, dont panic. (unless you have a ccj, in which cas e you need to get it set aside, but you should check your credit file for this)
  • DT12
    DT12 Posts: 65 Forumite
    Hi, thanks for the replies!

    British Gas bills always arrived at the property throughout the whole time I was living there. The BG account was the landlord's, so the tenants always put these to one side for him if he wanted them (he never picked them up). Since he didn't tell me of any change to that arrangement they remained there, which was why the first I knew of a bill was a visit from a debt collector (fortunately I wasn't in, because I would have been absolutely baffled).

    I'm not sure if the additional monthly charge - which is £25 per month - is boiler cover. Whenever the boiler broke down the landlord always hired very cheap dodgy plumbers and made a huge fuss about the repair cost, so I don't think he was paying BG for any cover. Are there any other monthly fees associated with a boiler? Or could BG have added this when he changed the bill over in error?

    Yes, the change happened after I agreed to pay for my gas usage in June/July and I am fine with paying for that, though BG's usage estimate is way higher than my actual usage and I've never dealt with BG before so I'm not sure why it's incorrect/how to dispute that. My actual usage is tiny (I only use heating in winter - none used during bill period - and have an electric shower) so I don't think I should owe them more than £20-£30. Most of the bill is the unknown monthly fee and debt collection fee.

    Are BG likely to be understanding when I explain this situation? They did send bills - I just had no idea they were intended for me until I was being charged for debt collection. I also don't know why I am being charged most of the money on the bill. I'm still puzzled as to why they would change the bill over to someone else's liability without the permission of that person. Surely it's not possible to just call and transfer your bill liability to someone else because you feel like it?

    Thank you all again for the help!

    Edit: The wording on the debt collection agency letters is "there is an outstanding bill owed and you must contact us urgently or we may visit and charge you" on the first letter and "we visited and the visit fee is £54" on the second letter. These letters both arrived on Saturday and I received no prior warning or contact from them.

    The best thing for you to do is to phone BG and explain the situation. Ask them what the outstanding balance on the gas account is from the date you agreed to start paying and then pay this.

    They may be understanding and help you out by "waving" the debt collection fees, which is likely as you have come to them directly offering to settle the debt. Any other outstanding debt on the account is the responsibility of the landlord and should be taken up with them.

    Set up the gas account in your name so you receive the bills addressed to you, along with a direct debit to make life easier if it suits you.

    Your landlord should contact British Gas to set up an account for the boiler cover as this is not a bill you should be paying.

    Did you take a meter reading when you agreed to take over paying the bill?
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